When a person is injured in a workplace accident, he or she must report their accident to their supervisor within 120 days, or approximately three months, of the date of the accident in order to qualify for Workers’ Compensation benefits. This requirement is not the same as the statute of limitations for a Workers’ Compensation claim. The statute of limitations, which is three years from the date of the accident that caused the injury, is the time period following the accident during which the worker may file a Workers’ Compensation claim. Once three years pass from the date of the accident, the worker cannot file a claim and receive benefits.
Why Do Some Workers Fail to Report their Injuries?
Some injured workers fail to report their injuries to their supervisors because they are afraid to do so. This only works against the employee, sometimes making it impossible for them to receive Workers’ Compensation at all.
There are many reasons why workers fail to report their injuries to their supervisors, and none of them are good. If you are injured in a workplace accident, no matter what your supervisor has told you previously or the circumstances of the accident, you need to make a report of the accident and the injury. Examples of reasons why a worker might refrain from taking this step include:
Fear of retaliation from the employer, such as termination or demotion
Concern because the accident was the worker’s fault
Fear that the employer or the worker’s colleagues will think they are faking an injury
An inability to miss work to recover, either due to fear of being unable to afford the days off or fear of being terminated
Risks of Failing to Report your Injury to your Supervisor
Failing to report your injury to your supervisor will jeopardize your ability to receive Workers’ Compensation coverage. This can mean having to pay your expenses related to the injury out of pocket, rather than receiving the benefits you are entitled to receive.
As an American employee, you have the right to work without fear of retaliation from your employer for exercising your rights, such as your right to file a Workers’ Compensation claim. If you do face retaliation, you have the right to file a claim against your employer with the Equal Employment Opportunity Commission (EEOC).
Fault is not considered in Workers’ Compensation cases. If you were injured at work, while you were performing your job, you are generally entitled to Workers’ Compensation. You also do not have to work with a lawyer to pursue your claim – though it helps, particularly if you already filed a claim but were denied benefits.
As an injured worker, you have the right to seek Workers’ Compensation to cover certain expenses related to the injury, such as your medical bills and a portion of your lost wages. After notifying your employer of your accident and receiving a diagnosis, speak with an experienced Workers’ Compensation lawyer.
Philadelphia Workers’ Compensation Lawyers at the Law Offices of Gross & Kenny, LLP Help Injured Workers Seek Coverage for their Financial NeedsTo learn more about your rights and how you can move forward with your claim, complete our online contact form or call 267-589-0090 or 215-512-1500 to reach a dedicated and knowledgeable Philadelphia Workers’ Compensation lawyer at the Law Offices of Gross & Kenny, LLP and schedule your initial consultation in our office. We are located in Philadelphia and serve clients throughout the Greater Philadelphia area.